§ 149. Drainage, sewer and water pipes, cattle passes or other
crossings in highways. The town superintendent may, with the consent of
the town board, upon the written application of any resident or taxpayer
of his town or a corporation, grant permission for an overhead or
underground crossing, or to lay and maintain drainage, sewer and water
pipes under ground within the portion therein described of a town
highway. Permission shall not be granted for the laying and maintaining
of such pipes under the travelled part of the highway, except across the
same, for the purposes of sewerage and draining swamps or other lands,
and supplying premises with water. Such permission shall be granted upon
the condition that such pipes and hydrants or crossings shall be so
laid, set or constructed as not to interrupt or interfere with public
travel upon the highway, and upon the further condition that the
applicant will replace the earth removed and leave the highway in all
respects in as good condition as before the laying of said pipes, or
construction of such crossings, and that such applicant will keep such
pipes and hydrants or crossing in repair and save the town harmless from
all damages which may accrue by reason of their location in the highway,
and that upon notice by the town superintendent the applicant will make
the repairs required for the protection or preservation of the highway.
The permit of the town superintendent, with the consent of the town
board or county superintendent, and the acceptance of the applicant,
shall be executed in duplicate, one of which shall be filed in the
office of the town clerk and the other in the office of the county
superintendent. In case the applicant shall fail to make any of the
repairs required to be made under the permit, they may be made by the
town superintendent at the expense of the applicant, and such expenses
shall be a lien, prior to any other lien, upon the land benefited by the
use of the highway for such pipes, hydrants or structures. The town
superintendent may revoke such permit upon the applicant's failure to
comply with any of the conditions contained therein.